Partition suit -- Alienation of property - Mere entry in settlement record of name of party cannot confer any alienable title on her...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Can be varied in final decree proceedings at the request of party, where law governing the parties has been amended before conclusion of final decree proceedings...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of assignee - Partition suit - Deed of assignment entered into in defiance of an injunction order - Applicant cannot claim to be impleaded as a party on basis of said assignment - Deed of assignment was a nullity or an illegality - Application dismissed with costs of Rs.2 lakhs...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Partition suit - Sister of plaintiff not arraigned as a party - However, plaintiff stated that his sister had already taken share and also affidavit is filed to that effect - Suit not bad for non-joinder of necessary party...........
Agreement to sell -- Direction to register sale deed after passing of decree of specific performance - Decree cannot be held to be unexecutable merely for the reason that suit for partition is pending between coparceners - Moreover, registration of sale deed would not affect right or share of any of other coparceners - Applicant is also a party to suit for partition and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at the instance of defendant - A party can seek amendment of his own pleadings - Court cannot permit a party to amend pleadings of other party in any kind of suit - Even in a suit for partition where status of parties is interchangeable the same analogy cannot be applied to the matter of amending the..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Once a preliminary decree is passed by trial Court, Court should proceed with the case for drawing up final decree suo motu - There is no need to file a separate final decree proceedings - In the same suit, Court should allow concerned party to file an appropriate application for drawing..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit for partition - There is no community of interest between various co-owners - In a suit for partition, every party, be it plaintiff or defendant, has his own interest to secure - Order permitting plaintiff to give notice via publication in accordance with O.1.R.8 CPC set aside - Trial Court to order..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Partition suit - Property in question is ancestral property - Applicants had equal right of ownership in suit property as was enjoyed by plaintiff's father - Plaintiffs as well as applicant are living under one roof, their business, residence, telephone connection and gas connection are also common..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of part of property from one of the co-sharers - Purchaser of an undivided share in the coparcenary/joint property is entitled to bring a suit for partition - Such purchaser allowed to be impleaded as a party to the proceedings - Order calls for no interference...........
